People v Biaselli

2004 NYSlipOp 08467

November 19, 2004

Appellate Division, Fourth Department

The People of the State of New York, Respondent, v Dennis S. Biaselli, Appellant.

—[*1]Appeal from a judgment of the Orleans County Court (James P. Punch, J.), rendered August 25, 2003. The judgment convicted defendant, upon his plea of guilty, of sexual misconduct and endangering the welfare of a child (two counts).

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of sexual misconduct (Penal Law § 130.20 [1]) and two counts of endangering the welfare of a child (§ 260.10 [1]). The waiver of the right to appeal by defendant encompasses his challenge to the factual sufficiency of the plea allocution (see People v McKay, 5 AD3d 1040, 1041 [2004], lv denied 2 NY3d 803 [2004]). Further, defendant failed to preserve that challenge for review by moving to withdraw the plea or to vacate the judgment of conviction (see People v Casco, 4 AD3d 742 [2004]). In any event, the record establishes that defendant's Alford plea (see North Carolina v Alford, 400 US 25 [1970]) was properly accepted by County Court (see People v Sherman, 8 AD3d 1026, 1026-1027 [2004]). Present—Green, J.P., Scudder, Gorski, Martoche and Hayes, JJ.